repeal


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Repeal

The Annulment or abrogation of a previously existing statute by the enactment of a later law that revokes the former law.

The revocation of the law can either be done through an express repeal, whereby a statute specifically indicates that the former law shall be revoked and abrogated, or through an implied repeal, which arises when the later statute contains provisions that are so contrary or irreconcilable with those of the prior law that only one can remain in force.

The repeal of a law differs from the amendment thereof, because the amendment of a law involves making a change in a law that already exists, leaving a portion of the original still standing. When a law is repealed, however, it is completely abrogated.

repeal

1) v. to annul an existing law, by passage of a repealing statute, or by public vote on a referendum. Repeal of U. S. Constitutional provisions require an amendment, as with the repeal of prohibition in which the 21st Amendment repealed the 18th Amendment. 2) n. the act of annulling a statute.

repeal

verb abolish, abrogare, abrogate, annul, avoid, cancel, countermand, declare null and void, delete, formally withdraw, invalidate, make void, negate, nullify, obliterate, officially withdraw, override, overrule, quash, recall, render invalid, rescind, rescindere, retract, reverse, revoke, set aside, vacate, void, withdraw
Associated concepts: repeal a bylaw, repeal a law, repeal a statute, repeal by implication
Foreign phrases: Leges posteriores priores contrarias abbogant.Subsequent laws repeal prior laws that are repuggant to them. Jura eodem modo destituuntur quo constiiuuntur. Laws are abrogated by the same means by which they are enacted.
See also: abandon, abate, abatement, abolish, abolition, abrogate, adeem, ademption, annul, annulment, cancel, cancellation, countermand, defeasance, discharge, discontinue, dissolution, extinguish, invalidate, negate, negation, nullify, overrule, quash, renege, repudiate, repudiation, rescind, rescision, retraction, reversal, revocation, revoke, supersede, termination, vacate, void, withdraw

REPEAL, legislation. The abrogation or destruction of a law by a legislative act.
     2. A repeal is express; as when it is literally declared by a subsequent law or implied, when the new law contains provisions contrary to or irreconcilable with those of the former law.
     3. A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance is inconsistent with the old statute. 1 Ham. 10: 2 Bibb, 96; Harper, 101; 4 W. C. C. R. 691.
     4. It is a general rule that when a penal statute punishes an offence by a certain penalty, and a new statute is passed imposing a greater or a lesser penalty, for the same offence, the former statute is repealed by implication. 5 Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21 Pick. 373. See 1 Binn. 601; Bac. Ab. Statute D 7 Mass. 140.
     5. By the common law when a statute repeals another, and afterwards the repealing statute is itself repealed, the first is revived. 2 Blackf. 32. In some states this rule has been changed, as in Ohio and Louisiana. Civ. Code of:Louis. art. 23.
     6. When a law is repealed, it leaves all the civil rights of the parties acquired under the law unaffected. 3. L. R. 337; 4 L. R. 191; 2 South. 689; Breese, App. 29; 2 Stew. 160.
     7. When a penal statute is repealed or so modified as to exempt a class from its operation, violations committed before the repeal are also exempted, unless specifically reserved, or unless there have been some private right divested by it. 2 Dana, 330; 4 Yeates, 392; 1 Stew. 347; 5 Rand. 657; 1 W. C. C. R. 84; 2 Virg. Cas. 382. Vide Abrogation; 18 Vin. Ab. 118.

References in periodicals archive ?
However, the 2000 act did not repeal the pledge rule.
Jan 18 - Cardinal Thomas Winning speaks out against repeal.
People need to make it clear where they stand to make sure repeal does not simply slip through.
All of the arguments that were made in 1998 regarding the repeal of the cap were presented in a prospective manner in anticipation of beneficiaries being denied access to care.
Referring to the terrible risk to poor children that the welfare repeal imposes, Cuomo in his very next sentence echoed Jackson's call to close ranks behind the President.
We look forward to working with the SEC and with other members of the Working Group on Financial Markets to determine what other regulatory changes would be necessitated by repeal of sections 7 and 8(a).
FreedomWorks' network of over 1 million grassroots activists led the fight for healthcare freedom with a nationwide campaign of emails, phone calls to Congress, and district office visits to support the repeal of Obamacare and its replacement with a patient-centered approach to health care.
In 2009, more than 1,000 retired generals and admirals signed a statement predicting that DADT repeal would "break the All-Volunteer Force.
History was made when Obama signed the repeal legislation Wednesday.
Two amendments to repeal the wildly unpopular expanded 1099 reporting provision included in the Patient Protection and Affordable Care Act (PPACA) fell short of passage on Monday due to a rarely-used procedural move.
A proposal to repeal the LIFO method was included in proposed legislation entitled the Gas Price Relief and Rebate Act of 2006, but was subsequently withdrawn in order to afford Congress additional time to study the LIFO method's utility and purposes.